Ministry of Environment - Posted on Decree for the by-products

The 15 February was published in the Official Gazette 13.10 decree. 2016, n. 264 "Regulations indicative criteria to facilitate the demonstration of the existence of the requirements for the qualification of production residues as by-products and not as waste".

The regulation, which will come into force is on the March 2, 11 consists of articles, plus two annexes. More specifically, the measure:• is issued taking into account the 184bis articles and 185 of Legislative Decree. 152 / 06, as well as art. 2bis DL 171 / 2008, entitled "Provisions on biomass fuels and biogas related to exhausted pomace in distillation processes";• has as its object the definition of "a few ways in which the holder can prove the general conditions" contained in art. 184bis of Legislative Decree. 152 / 06, "in order to encourage and facilitate the use of substances and objects as by-products that result from the production process and fulfilling specific criteria [...]" (Art. 1);• applies to "production waste" (art. 3), as defined in Article. 2;• itemizes the general conditions to be proven, "at every stage of the residual management" (art. 4, 1 paragraph);• indicates "some how prove the existence of the above circumstances" art. 4 1 paragraph, "except for the possibility to demonstrate, by any means, and also in a manner and with reference to substances and objects other than those specified in this decree, or that meet different criteria, that a substance or object, resulting from a cycle production is not waste but a by-product (arts. 5 - 6 - 7 - 8);• provides in Article 10, that the "Chambers of Commerce set up a special list when they sign up, free of charge, the manufacturers and users of products";• includes an annex 1, "for specific categories of manufacturing residues, a list of the main rules governing the use of such compounds as well as 'a series of operations and activities' which may constitute normal industry practice." The attachment has for object "the residual biomass intended for use for the production of biogas and the residual biomass intended for use for the production of energy by combustion";• introduces, in Annex 2, the minimum contents of the "technical data sheet and declaration of conformity referred to in the articles 5 [registered" certainty of use "] and 7 [entitled" environmental use and quality requirements "]".